Casa Marbella
Buyer's Guide
Everything you need to know about buying property in Spain
Buying a Property in Spain
Purchasing a property in Spain is generally a smooth and straightforward process—especially when each step is handled with care and the right professional support is in place. At Casa Marbella, we offer one of the most extensive property portfolios in the Marbella area, and our experienced team is here to guide you seamlessly through every stage of your purchase.
Whether you are looking for a permanent residence, a holiday retreat, or an investment opportunity, we make sure your buying experience is clear, efficient, and enjoyable.
Legal Support You Can Trust
If you do not already have a lawyer, we highly recommend engaging an independent legal advisor to protect your interests throughout the transaction. While Casa Marbella does not work exclusively with any particular law firm, we have collaborated with many trusted legal professionals across the region. Based on your preferred language or needs, we are happy to recommend a qualified lawyer who can assist you.
Speak to Our Team
Reservation Agreement
Once you have selected a property you wish to purchase, it is standard practice in Spain to secure it with a reservation deposit. This step ensures that the property is taken off the market while the legal process begins.
How It Works
The reservation is formalized through a Reservation Contract, which includes:
- Full names and ID numbers (passport/NIE) of both buyer and seller
- The agreed purchase price
- Any specific conditions attached to the sale (e.g., subject to mortgage approval, furniture inclusion, etc.)
Deposit Amount
The standard reservation deposit is typically €6,000, although this can vary depending on the property or agreement.
Who Holds the Deposit
The deposit should be paid to your lawyer or the real estate agency—never directly to the property owner. At Casa Marbella, we handle all reservations with complete transparency and in line with legal best practices.
Legal Property Check
Once the reservation has been completed, your lawyer will begin conducting essential due diligence to verify the legal status of the property.
What the Lawyer Checks
Ownership
Confirming that the person selling the property is the rightful, registered owner.
Land Registry Records
Verifying that the property is correctly registered in the local Land Registry (Registro de la Propiedad).
Encumbrances & Debts
Ensuring the property is free of embargos, charges, mortgages, or unpaid taxes that could affect the purchase.
Building Licenses
Confirming that all necessary permits and occupancy certificates are in place and valid.
Community Fees & Utilities
Verifying that all payments to the community of owners, utilities, and local taxes are up to date.
This legal check is a vital step to ensure the property is legally secure, debt-free, and accurately represented—giving you peace of mind before moving forward with the private purchase contract.
Private Purchase Contract
Once your lawyer has completed all due diligence and confirmed that the property is legally secure and free of encumbrances, the next step is to formalize the transaction with a Private Purchase Contract (Contrato Privado de Compraventa).
Key Details of the Contract
This legally binding agreement outlines:
- The full identities of both buyer and seller
- The agreed purchase price
- The date for final completion (transfer of ownership before a notary)
- Any special conditions of the sale
At this stage, the buyer will pay a deposit of 10% of the purchase price (less the initial reservation deposit already paid). This contract secures the commitment of both parties until the signing of the public deed before a notary.
Cancellation Clauses
The contract typically includes standard penalty clauses:
The buyer forfeits the deposit paid.
The seller is usually obliged to refund double the deposit to the buyer. Conditions may vary if otherwise negotiated and documented.
Title Deed (Escritura Pública)
The final step in the property purchase process in Spain is the signing of the Title Deed, known as the Escritura Pública de Compraventa.
Completion at the Notary Office
At this stage, the buyer pays the outstanding balance of the purchase price, and the Title Deed is officially signed in the presence of a Spanish Public Notary. The Notary ensures that all legal conditions have been met, verifies the identities of both parties, and oversees the proper transfer of ownership.
Registration in Your Name
After the deed is signed, your lawyer will submit it to the Land Registry (Registro de la Propiedad) to officially register the property in your name. This legally protects your ownership rights and ensures the property is correctly recorded under your details in the public records.
Our Promise at Casa Marbella
At Casa Marbella, we work closely with your legal representative to ensure this final step is completed smoothly and efficiently—providing peace of mind that your new property in Spain is fully and legally yours.
Purchase Costs in Spain
When buying property in Spain, buyers should be aware of additional purchase-related costs that typically amount to approximately 10%–12% of the property price. These costs vary depending on whether the property is a resale (from a private individual) or a new development (from a promoter/developer).
Resale Property (from a private individual)
| Cost | Rate |
|---|---|
|
Transfer Tax (ITP)
8% on properties under €400,000
9% on properties €400k–€700k 10% on properties above €700,000 |
8%–10% |
| Legal Fees (estimated; may vary) | ~1% |
| Notary Fees | ~0.5% |
| Land Registry Fees | ~0.5% |
New Property from a Developer
If the property is purchased directly from a developer or promoter, the Transfer Tax (ITP) is replaced by:
Applies only to new properties purchased directly from a developer.
Plus Notary, Land Registry, and Legal Fees remain the same.
Other Paperwork Required
For Spanish Nationals
Spanish citizens only need to present valid identification (DNI) for all individuals whose names will appear on the Title Deed (Escritura Pública).
For Non-Residents: NIE Number
If you are a non-resident of Spain, you are required to obtain a Foreigner Identification Number (NIE — Número de Identificación de Extranjero). This is essential for:
- Signing the Title Deed
- Registering the property in your name
- Paying property-related taxes
- Opening a Spanish bank account
How to Obtain an NIE
After-Sales Running Costs
Owning a property in Spain involves several ongoing expenses that buyers should be aware of in order to properly manage their investment.
IBI Tax
Annual property tax levied by the local Town Hall, based on the Cadastral Value. Comparable to council tax in other countries.
Local Taxes
Some councils charge separately for rubbish collection, water, sewage, beach cleaning, and road maintenance.
Community Fees
Monthly or quarterly fees for communal areas—private roads, gardens, pools, security, and shared water systems.
Utilities & Insurance
Electricity, water, gas, internet, home insurance, and non-resident income tax for owners not residing permanently.
Additional Recommendations
At Casa Marbella, we strive to ensure your property purchase is not only smooth but also secure and well-prepared for long-term ownership. Here are two key recommendations:
Open a Spanish Bank Account
We recommend opening a Spanish bank account as early as possible. This will be essential for:
- Transferring funds related to the property purchase
- Paying taxes and fees associated with the transaction
- Setting up direct debits for electricity, water, community fees, internet, and local taxes
Having a local account simplifies ongoing management and avoids delays in payment processing.
Make a Spanish Will (Testamento Español)
While not legally mandatory, drafting a Spanish Will is highly recommended if you are acquiring assets located in Spain. This Will:
- Only applies to assets situated within Spain
- Does not affect any assets in your country of residence
- Simplifies the probate process in the event of death
- Can significantly reduce legal costs and time for your heirs
Ready to Find Your Dream Property?
Our team at Casa Marbella works closely with trusted legal professionals who can assist you with every step—from your NIE and bank account to your Spanish Will. Let us guide you home.